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Child Support Act 1991

Voluntary agreements - Procedure on application for acceptance of voluntary agreements

55: Application requirements

You could also call this:

"Rules for applying to make a voluntary agreement official"

You need to follow certain rules when you apply for the Commissioner to accept a voluntary agreement. Your application is properly made if:

You're applying for a qualifying voluntary agreement. For a domestic maintenance agreement, either person involved can sign it. For other agreements, both the person paying money and the person receiving money need to sign.

Both the person paying and receiving money must be New Zealand citizens or usually live in New Zealand. You need to use the right form when you apply to the Commissioner.

You must provide the tax file number of the child the agreement is about. This number is defined in the Income Tax Act 2007.

You need to verify your application as the form requires. You also need to include any documents the form asks for.

If you include any extra documents with your application, you need to verify those too, as the form tells you to.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254087.

Topics:
Family and relationships > Children and parenting
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54: Act not to affect other provisions of agreement, or

"This law doesn't change other parts of child support agreements"

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56: Dual applications, or

"You can ask for more than one agreement to be accepted at the same time"

Part 3Voluntary agreements
Procedure on application for acceptance of voluntary agreements

55Application requirements

  1. An application for acceptance by the Commissioner of a voluntary agreement is properly made if—

  2. it is made in respect of a qualifying voluntary agreement; and
    1. it is signed—
      1. in the case of a domestic maintenance agreement, by either party to the agreement:
        1. in any other case, by both the person by whom any money is to be paid under the agreement and the person to whom that money is to be so paid; and
        2. the person by whom any money is to be paid, and the person to whom that money is to be paid, are both either New Zealand citizens or persons who are ordinarily resident in New Zealand; and
          1. it is made to the Commissioner in the appropriate approved form; and
            1. the tax file number (as defined in section YA 1 of the Income Tax Act 2007) of the qualifying child is provided; and
                1. it is verified as required by the form of application; and
                  1. it is accompanied by such documents (if any) as are required by the form of application to accompany the application.

                    1. Any document that accompanies the application must also be verified as required by the form of application.

                    Compare
                    • Child Support (Assessment) Act 1989 s 89 (Aust)
                    Notes
                    • Section 55(1)(b)(i): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                    • Section 55(1)(da): inserted, on , by section 4(1) of the Child Support Amendment Act 1998 (1998 No 103).
                    • Section 55(1)(da): amended, on (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
                    • Section 55(1)(e): repealed, on , by section 18 of the Child Support Amendment Act 1999 (1999 No 81).